13.
14.
15.
16,
or willful misconduct, whether active or passive, of Consultant or of anyone acting under its
' direction or control or on its behalf in connection with or incidental to the performance of this
contract. Consultant’s indemnity, defense and hold harmless obligations, or portions thereof,
shall not apply to liability caused by the sole negligence or willful misconduct of the party
indemnified or held harmless.
FISCAL CONTINGENCY All payments under this contract are contingent upon the availability to
the City of Nashua of the necessary funds. This contract shall terminate and the City of Nashua's
obligations under it shall be extinguished at the end of any fiscal year in which the City of Nashua
fails to appropriate monies for the ensuing fiscal year sufficient for the performance of this
contract.
Nothing in this contract shall be construed to provide Consultant with a right of payment over any
other entity. Any funds obligated by the City of Nashua under this contract that are not paid to
Consultant shall automatically revert to the City of Nashua’s discretionary control upon the
completion, termination, or cancellation of the agreement. The City of Nashua shall not have any
obligation to re-award or to provide, in any manner, the unexpended funds to Consultant.
Consultant shall have no claim of any sort to the unexpended funds.
COMPENSATION Review by the City of Nashua of Consultant's submitted monthly invoice forms
and progress reports for payment will be promptly accomplished by the City of Nashua. If there
is insufficient information, the City of Nashua may require Consultant to submit additional
information. Unless the City of Nashua, in its sole discretion, decides otherwise, the City of
Nashua shali pay Consultant in full within 30 days of approval of the submitted monthly invoice
forms and progress reports.
COMPLIANCE WITH APPLICABLE LAWS Consultant, at all times, shall fully and completely
comply with all applicable local, state and federal laws, statutes, regulations, ordinances, orders,
or requirements of any sort in carrying out the obligations of this contract, including, but not
limited to, all federal, state, and local accounting procedures and requirements, all immigration
and naturalization laws, and the Americans With Disabilities Act. Consultant shall, throughout
the period services are to be performed under this contract, monitor for any changes to the
applicable laws, statutes, regulations, ordinances, orders, or requirements, shall promptly notify
the City of Nashua in writing of any changes to the same relating to or affecting this contract, and
shall submit detailed documentation of any effect of the change in terms of both time and cost of
performing the contract.
NONDISCRIMINATION If applicable or required under any federal or state law, statute, regulation,
order, or other requirement, Consultant agrees to the following terms. Consultant will not
discriminate against any employee or applicant for employment because of physical or mental
handicap in regard to any position for which the employee or applicant for employment is
qualified. Consultant agrees to take affirmative action to employ, advance in employment, or to
otherwise treat qualified, handicapped individuals without discrimination based upon physical or
mental handicap in all employment practices, including but not limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff, termination, rates of
pay, or other forms of compensation and selection for training, including apprenticeship.
Without limitation of the foregoing, Consultant's attention is directed to 41 C.F.R. § 60-1.4, and
the clause entitled "Equal Opportunity Clause" which, by reference, is incorporated into this
contract, to 41 C.F.R. § 60-250 et seq. and the clause entitled "Affirmative Action Obligations of
Consultants and Subcontractor for Disabled Veterans and Veterans of the Vietnam Era," which,
by reference, is incorporated in this contract, and to 41 C.F.R. § 60-471 and the clause entitled
"Affirmative Action Obligations of Consultants and Subcontractors for Handicapped Workers,"
which, by this reference, is incorporated in this contract.
GC 7 of 11
